Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 2

762A.0221/6–1052

No. 539
Declaration Regarding Inclusion of Berlin in International Treaties and Undertakings of the Federal Republic¹

[Berlin, May 26, 1952.]

1. The Allied Kommandatura declares that it has no objection to the inclusion of Berlin in international treaties and undertakings of the Federal Republic under the following conditions:

a) The Government of the Federal Republic of Germany and the Senat of Berlin will be prepared to reach an agreement to the effect that:

1) As far as possible, the Federal Republic will include Berlin within the terms of the Federal Republic’s international undertakings.

2) The Berlin Senat, subject to the authority of the Allied Kommandatura and the Constitution of Berlin, will implement in Berlin the relevant international undertakings of the Federal Republic.

3) The name of Berlin shall be stated in the text of such treaties and agreements. If for any reason it is impossible to insert the name of Berlin into the text of a treaty, the Federal Republic, either in the instrument wherewith it adheres to the treaty or in a separate statement issued at the time of the signing of the treaty, shall state that the provisions of the treaty will be applied in Berlin. In the matter of trade and payments agreements, it shall be construed that Berlin has been included in the treaty if it is stated that the area of purview of the treaty is the territory of DM West.

4) As long as the application of the provisions of the treaty to the territory of Berlin is not specified by the Federal Republic in any of the foregoing ways, it shall be understood that it is not intended to apply the treaty in Berlin.

5) The Federal Republic will inform the Berlin Senat of important international treaty negotiations which touch the interests of Berlin and will act in concert with the Berlin Senat for the protection of Berlin’s special interests.

6) The Federal Republic will be empowered to include representatives of the Senat of Berlin in international discussions. The Berlin Senat may apply to the Federal Republic for the inclusion of representatives of Berlin if the discussions concern the conclusion of a treaty that may be extended to Berlin.

b) The Berlin Senat undertakes to inform the Allied Kommandatura of international treaties in which Berlin is included, if possible before signature, and, at the latest, immediately after they have been signed by the Federal Republic. At the time of such notification, the Berlin Senat will deliver to the Allied Kommandatura 15 copies of the treaties and of the protocols or other documents regulating Berlin’s inclusion.

c) Berlin can be excluded from the purview of any treaty if the Allied Kommandatura raises objections to the inclusion of Berlin in such a treaty. The right of the Allied Kommandatura to raise objections will be exercised within a period of 21 days after the notification to it by the Senat of the text of the treaty. However, with respect to trade and payments agreements negotiated according to the principles of the General Agreement on Tariffs and Trade, Berlin will not be excluded from the effect of such agreements pending a possible objection.

2. The procedure described in the preceding paragraphs will be applied to all treaties which will be entered into by the Federal Republic in the future, to treaties of the former German Reich which will be reinstated, to adherences to international multilateral agreements, and to accessions to international organizations.

3. With respect to those treaties which the Federal Republic has up to the moment already signed, including adherences to international multilateral agreements and accessions to international organizations, and to those treaties of the former German Reich which have been up to the moment reinstated in the territory of the Federal Republic, the Allied Kommandatura, provided it finds their terms acceptable, is prepared to issue a declaration that it has no objection to their application in Berlin. This declaration will enumerate or designate the treaties concerned. In order that the Allied Kommandatura may be in a position to make this declaration at the earliest possible time, the Berlin Senat will make available to the Allied Kommandatura the full texts of all treaties of the Federal Republic and of reactivated treaties of the former German Reich whose provisions it is desired to apply within Berlin.

1. Transmitted as Annex B to despatch 922 from Berlin.